U and U, R (on the application of) v Milton Keynes Council

U and U, R (on the application of) v Milton Keynes Council

The Defendant's refusal to reassess the Claimants' needs was unlawful because, after accepting that the family's accommodation would end in August 2017 and not finding other accommodation available, the Defendant failed to consider whether BU could lawfully secure suitable accommodation in light of section 21...

Source-derived case information.

Parties
Claimants: U and U (by their Litigation Friend and Mother, BU); Defendant: Milton Keynes Council
Jurisdiction
England and Wales
Judgment Date
29 November 2017
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review allowed
Legal Topics
Section 17 Children Act 1989, Immigration Act 2014, Judicial Review, Local Authority Duties, Child in Need Assessment
Administrative Law Children Law Immigration Law Section 17 Children Act 1989 Immigration Act 2014 Judicial Review Local Authority Duties Child in Need Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

U and U (by their Litigation Friend and Mother, BU)

Claimants

Milton Keynes Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the local authority's refusal to reassess the children's needs under section 17 Children Act 1989 was lawful
  2. 2 Whether the local authority failed to consider the impact of section 21 Immigration Act 2014 on the family's ability to secure accommodation

Ratio Decidendi

The Defendant's refusal to reassess the Claimants' needs was unlawful because, after accepting that the family's accommodation would end in August 2017 and not finding other accommodation available, the Defendant failed to consider whether BU could lawfully secure suitable accommodation in light of section 21 Immigration Act 2014. The failure to take this relevant factor into account rendered the decision unreasonable.

Court Disposition

Application for judicial review allowed

Orders

  • The application for judicial review succeeds. The parties are to address the court on the appropriate orders.